Mayaen-Luis
filed a petition for substitution on May 5 for Gov. Leonardo Mayaen who died of
a heart attack on March 31.

Lacwasan
in his moion averred that the BOC is an inferior body to the Commission on
Elections en banc, and should have “obeyed, respected and took cognizance of
the denial” of Mayaen-Luis’s petition for substitution, and that the “prudent
action” by the BOC should be to direct Mayaen-Luis to contest the denial if she
wishes to.

The
motion also referred to Section 19 of Comelec Resolution 9984 which states “No
substitution shall be allowed for any independent candidate,” and that the
PES’s acceptance of Kathy Jyll’s Certificate of Candidacy (COC) and her
subsequent proclamation despite the denial of her COC was in direct violation
of this provision. As a lawyer, the PES should act with “honesty, integrity,
probity, professionally, etc.”

Instead,
the motion further averred, the “answer” of the Board of Canvassers to the
petition for nomination of Mayaen-Luis clearly indicates that the BOC “acted as
the respondent and at the same time judge of the petition.”

Upon
the death of the late Gov. Leonard G. Mayaen, Tabangin-Capuyan told the media
substitution is possible.

Mayaen-Luis,
daughter of the late governor, filed a Certificate of Candidacy attached to a
Petition for Substitution on May 5, 2016, four days before the election on May
9.

The
PES sent the petition to the Comelec national office by email, after which the
Comelec en banc, held a special meeting on the subject on May 7.

The
Comelec en banc denied the petition and the COC as recommended by the Comelec
law department.

A
resolution, an excerpt of the minutes of the special meeting was received by
the Comelec regional office on May 8, and the Provincial Election Supervisor
reportedly received a copy of the minute resolution in morning of May 10, 2016.

Even
with the minute resolution, the BOC proclaimed Mayaen-Luis night of May 10.

The
denial should have had the legal effect that Mayaen-Luis was nevera candidate,
and therefore could not be proclaimed, an election lawyer said.

This, as theSupreme Court maybe the
last recourse to settle the issue of whether the proclamation of Mayaen-Luis as
governor is legal or not, legal quarters here said asking: Can the substitute
for a candidate who ran unopposed as an independent and died before the
elections be proclaimed?

EderlinoTabilas,
Commission on Elections-Cordillera Administrative Region director said “The
proclamation of (Cathy Jill) Mayaen-Luis as substitute for her father for
governor remains valid until annulled. The matter is now up to the full
commission to decide considering there is no existing jurisprudence concerning
the issue at hand. The poll body denied the motion in a resolution issued on
May 7.

Comelec
Chairman Andres Bautista earlier said a special election for governor would
instead be held in the province after May 9.

Bautista
said former Gov. Mayaen cannot be substituted as he has no political party to
replace him in his bid for re-election.

Special
elections for Mountain Province for the questioned governorship
shall still be decided by Comelec.

In
case there is a special election, expense shall be handled by the Province
concerned and shall be reimbursed following the approval of a bill filed to
this effect, Capuyan said.

The
provincial board of canvassers said they proclaimed Mayaen because there was no
aggrieved party.

The
older Mayaen, whose name remained in the official ballots, got 60,684 votes.

With
this situation, it would be the Supreme Court which may decide with finality
whether the proclamation of Mayaen-Luis as provincial governor was legal or
not, said Tabangin-Capuyan,